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Catalogue Reference:CAB/24/164
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THIS DOCUMENT I S THE PROPERTY OF HIS BRITANNIC MAJESTY S GOV3EIKMENT.
1
-SECRET.
C.P.44
CAB
I N E T.
(24)
PROPOSED PARLIAMENTARY B I L L S .
Memorandum by t h e P r e s i d e n t
of
t h e Board o f
I wish t o c i r c u l a t e t o my c o l l e a g u e s t h e
Notes on c e r t a i n B i l l s ,
some o f which a r e of
Trade.
attached
considerable
u r g e n c y , and a t t h e same t i m e a r e not o f a p a r t i c u l a r l y
controversial
c h a r a c t e r , w i t h a view t o a d e c i s i o n being
r e a c h e d as t o t h e i r I n t r o d u c t i o n i n t o P a r l i a m e n t
after
-
t h e end o f t h e
adjournment.
The B i l l s a r e c l a s s i f i e d i n t h r e e c a t e g o r i e s , - having
regard to their
most p r e s s i n g
the l i s t ,
d e g r e e o f u r g e n c y and i m p o r t a n c e .
of them a l l
The
is^-the one which stands f i r s t
n a m e l y ; - t h e War Charges
and I
(Validity)Bill,
would s u g g e s t f o r
t h e r e a s o n s g i v e n i n t h e n o t e appended
on t h e s u b j e c t o f
that B i l l
at the f i r s t
that i t
in
should be i n t r o d u c e d
p o s s i b l e o c c a s i o n and p r o c e e d e d w i t h as
r a p i d l y as can be managed.
-V.'
; '
------
,;
.
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.y. .
:
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I.
(a)
(b)
(c)
(d)
(e)
f a r Charges ( V a l i d i t y ) B i l l .
C a r r i a g e of Goods by Sea B i l l .
Merchant S h i p p i n g (Labour C o n v e n t i o n s ) B i l l .
S a l e of B r e a d B i l l .
A r b i t r a t i o n Clauses i n Commercial Agreements
(Protocol) B i l l .
II.
(f)
Bankruptcy and Companies Departments' f e e s
Bill.
III.
(g)
(h)
Measuring Instruments
Coastguard B i l l .
Bill.
In a d d i t i o n t o t h e s e M e a s u r e s , I am i n t e r e s t e d
i n t h e p r o v i s i o n s as t o the continuance o f t h e Government
Export Credits Scheme which w i l l find a place in the
Trade F a c i l i t i e s B i l l - a Measure for which the Treasury
w i l l presumably be chiefly responsible.
This is most ­
urgent in connection with unemployment.
There i s also
an Imperial Institute B i l l which w i l l , I understand, be
brought before the Cabinet by the Colonial Office.
The question of passing a Government Merchandise Marks
B i l l has been agitated for a number of years.
I do not
see my way at present to recommend the Cabinet to sanction
the introduction of a B i l l on this subject at the present
time as the technical and largely non-controversial pro­
posals would occupy much time and any measure would be likely
to raise directly or Indirectly highly controversial issues.
The non-controversial proposals are not pressing.
I.
-
URGENT,
(a) WAR CHARGES (VALIDITY) BILL.
This measure is one for making valid oertain charges
and levies imposed by the Government during the late War,
in order t o prevent traders from making undue profits by
reason of war conditions; and to provide for the control of
various commodities.
The legality of one kind of levy in
connection with.the control of milk was tested in the Courts,
and the House of Lords decided judicially against the Crown
in June, 1922; this decision has been followed by the High
Court in the case of a charge made In respeot of a licence
to transfer a British ship to a foreign flag;
the result is
to put in doubt the legality of a l l the other levies, and i f
they are not validated by a special measure, claims for
repayment may be made aggregating £18,000,000, and
more.
possibly
A statement was made i n t h e House of Commons i n
March,
1922, by t h e C o a l i t i o n Government t h a t i f
pending a p p e a l t o t h e House of
Lords was g i v e n
against
t h e Crown, the Government would b r i n g i n a B i l l
legalise
t h e i r procedure
the p e r i o d of
control.
j u d i c i a l d e c i s i o n of
i n cases o f
In J u l y ,
to
t h i s nature
shortly
after
during
the
the L o r d s a g a i n s t the Crown,
o n l y d e b a t e on t h e m a t t e r which has taken p l a c e
Parliament
the then
the
in
o c c u r r e d when i n t h e House o f Lords a m o t i o n
" t h a t t h e Government should reimburse a l l persons who
"have been c o m p e l l e d t o pay the i l l e g a l
"as a c o n d i t i o n o f
a l i c e n c e to s e l l ,
t a x of 2d
a gallon
D
o u t s i d e the
south­
w e s t c o u n t i e s , m i l k produced I n t h o s e c o u n t i e s " was
The then Government i n t r o d u c e d at the b e g i n n i n g o f
a B i l l to legalise
all
the v a r i o u s charges i n
e x c e p t i n g those f o r the milk l e v i e s .
August
question
The B i l l made no
p r o g r e s s , nor d i d i t make any when i n t r o d u c e d l a s t
owing
In both c a s e s t o p r e s s u r e
Retrospective
legislation
of
defeated.
year,
time.
i s always open t o
objection
b u t , on the o t h e r hand, t h e r e w i l l p r o b a b l y be no g e n e r a l
sympathy f o r
any t r a d e r s who would have had an advantage
over t h e i r competitors
if
the c h a r g e s had been r e m i t t e d .
Support from the members of
should t h i n k ,
this B i l l
the l a t e Government c o u l d ,
be r e l i e d upon.
I
accordingly suggest
should be p r o c e e d e d w i t h f o r t h w i t h as i t
u r g e n t t o pass a B i l l
(b)
as e x p e d i t i o u s l y
I
that
i s most
as p o s s i b l e .
CARRI/gD OF GOODS BY SEA BILL.
The I m p e r i a l Economic Conference passed a r e s o l u t i o n
in favour
of Empire l e g i s l a t i o n
to give statutory
validity
to/
to. c e r t a i n R u l e s r e s p e c t i n g B i l l s
of L a d i n g which had
a l r e a d y been a g r e e d t o by a l l . p a r t i e s
concerned i n t h i s
country and have been approved b y I n t e r n a t i o n a l
The C a r r i a g e
of
Conferences.
Goods by Sea B i l l , which proposes t o
give
t h e n e c e s s a r y v a l i d i t y t o t h e s e R u l e s i n t h i s country had
passed the House of L o r d s l a s t s e s s i o n a f t e r
a S e l e c t Committee of b o t h Houses.
It
amendment by
would be d e s i r a b l e
for
t h i s c o u n t r y t o take t h e l e a d I n p u t t i n g on i t s S t a t u t e Book
without d e l a y the requisite l e g i s l a t i o n ,
r e s o l u t i o n s from a number of
u r g i n g t h a t the B i l l
possible date.
if
It
important
and I have had
commercial b o d i e s
should b e made law a t t h e
earliest
s h o u l d have an e a s y p a s s a g e , and c o u l d ,
d e s i r e d , be i n t r o d u c e d ; as was the case l a s t
session,
in
the Lords.
( c ) MERCHANT SHIPPING (INTERNATIONAL LABOUR CONVENTIONS)BILL.
This E i l l proposes t o give e f f e c t
i n t h i s country t o
three
Conventions adopted by the I n t e r n a t i o n a l Labour O r g a n i s a t i o n of
the League of N a t i o n s i n 1920. and 1 9 2 1 .
s i g n e d by (among o t h e r s )
the r e p r e s e n t a t i v e s
men;
The Conventions were
a l l the B r i t i s h r e p r e s e n t a t i v e s ,
i,e ,
0
o f the Government, the employers and t h e
sea­
but t h e y have n o t been r a t i f i e d by t h i s country pending t h e
p a s s i n g of l e g i s l a t i o n .
p u l s o r y payment of
(2)
a minimum age f o r
s h i p s , and ( 3 )
persons under 18 y e a r s of
The p a s s i n g of
( 1 ) the eom­
two months' wages t o unemployed shipwrecked
seamen by t h e s h i p o w n e r s ,
s t o k e r s of B r i t i s h
The C o n v e n t i o n s p r o v i d e f o r
trimmers and
t h e . m e d i c a l examination of
age employed on b o a r d s h i p .
t h i s B i l l , e s p e c i a l l y t h a t p s r t of
It
relat­
i n g t o t h e Unemployment I n d e m n i t y , would g i v e s a t i s f a c t i o n t o the
seamen, who have p r e s s e d f o r t h e p a s s a g e of t h e n e c e s s a r y
legis­
l a t i o n , and at t h e same time i V would n o t be l i k e l y t o r a i s e
much o p p o s i t i o n from the owners.
e a r l y i n t r o d u c t i o n might be of
I
suggest, t h e r e f o r e ,
that
advantagel
(a)/
its
(d) SALE OF BREAD BILL.
For the last 100 years Bread, other than fancy
bread, has had to be sold by weight, but, until the
war, loaves might be of any weight.
In 1917 the Food
Controller made an Order providing that no loaf should
be sold unless i t s weight were 1 l b . or an even number
of pounds.
This provision is being kept in force
by the Expiring Laws Acts, and remains until December
next.
Mr, Clynes, when Food Controller, gave an
assurance that careful consideration would be given to
a proposal for permanent legislation on this subject,
and the Rathcreedan Inter-departmental Committee
recommended that the principle of a fixed minimum weight
for a loaf should be embodied in an Aot of Parliament.
The B i l l was introduced in 1982, but the Scottish
Local Authorities wished to extend i t to various types
of fancy bread, thereby rendering i t contentious.
I t was accordingly, not further proceeded with.
I am having the natter discussed again with the
Scottish Office, and hope to be able to put forward
shortly a measure in agreerent with them, for
consideration,
(e) ARBITRATION CLAUSES IK COMMERCIAL AGREEMENTS
(PROTOCOL) BILL.
The B i l l proposes to give effect in thiB country to
a League of Nations Protocol, which has been signed on
behalf of His Majesty's Government, and those of France,
Belgium, Italy, Greece, Lithuania, Brazil, Uruguay and
Panama.
The Protocol remains open for signature by other
States.
I t cores into force after ratification by two
States, and thereafter takes effect in the case of each con­
tracting State one month after the deposit of its
ratification.
The intention is that i t should be
r a t i f i e d by His Majesty^ Government after the passage
ij '
of the B i l l .
9 -) Q
^ U ei
The P r o t o c o l p r o v i d e s t h a t t h e c o n t r a c t i n g
s h a l l recognise the v a l i d i t y
parties
of agreements by which t h e
t o a c o n t r a c t a g r e e t o submit t o
differences,
existing
or f u t u r e ,
t i o n with the c o n t r a c t :
States
which may a r i s e i n
that they w i l l
ment of a r b i t r a l awards i n t h e i r
arbitration
ensure t h e
own t e r r i t o r y :
connec­
enforce­
and t h a t
if
cases a r e brought b e f o r e t h e o r d i n a r y Courts i n r e s p e c t
of
c o n t r a c t s which p r o v i d e f o r
refer
the p a r t i e s
arbitration,
t h e Courts
concerned t o t h e d e c i s i o n of
shall
the A r b i t r a t o r s ,
w i t h o u t p r e j u d i c e , however, t o t h e competence of t h e Courts
if
the a r b i t r a t i o n proceedings
The A r b i t r a t i o n A c t of
cannot
proceed.
1889 which i s i n f o r c e
in
England and W a l e s , p r o v i d e s t h a t a r b i t r a t i o n awards on a
Submission s h a l l b e e n f o r c e d i n t h e same manner as
or Orders of C o u r t .
I n r e g a r d t o l i t i g a t i o n brought
ward i n r e s p e c t o f a d i s p u t e t h e s u b j e c t
Act leaves i t
to the discretion
cerns a r b i t r a t i o n
effect
the
o f . t h e judge or Court whether
r
P r o t o c o l , such an Order must be made.
to g i v e
for­
of a r b i t r a t i o n ,
an Order s h a l l b e made s t a y i n g t h e p r o c e e d i n g s .
necessary
judgments
Under t h e
Legislation
is
t o t h i s r e q u i r e m e n t , so f a r
agreements t o which t h e P r o t o c o l
as con­
applies.
I t w i l l r e c e i v e support from t h e commercial community, among
whom t h e P r o t o c o l has been welcomed, and t h i s i s a f u r t h e r
B i l l which might have an e a r l y i n t r o d u c t i o n i n t h e
Lords.
I I . - LESS URGENT.
r n\
(V
£g) BANKRUPTCY AND COMPANIES DEPARTMENTS
1
Under t h e p r e s e n t
FEES B I L L .
l a w , f e e s r e c e i v e d by t h e Board of
Trade f o r Bankruptcy work have t o be a p p l i e d t o meet ^the
expenses of Bankruptcy a d m i n i s t r a t i o n , and t h o s e
i n Companies'
obtained
l i q u i d a t i o n , t o meet t h e expenses o f
administration.
Companies
tP
*J (4
Tho Bankruptcy Fees and interest on balances are insufficient
for the purpose notwithstanding that they have been raised to
as high a figure as i s considered expedient, whilst in the
case of Companies liquidation, thero is a substantial p r o f i t .
The Treasury desire to amalgamate the two classes of fees, so
that the loss on one administration can bo made up by a gain
on the other; and to make i t no longer necessary in fixing
the amount of the feos, to take into consideration the interest
on oertain balances, the object being to raise the Companies
Liquidation Fees to a level approximating that charged by
outside liquidators.
I think this is not unreasonable, and
that a B i l l should be introduced.
I I I . NOT URGENT.
(g) MEASURING INSTRUMENTS BILL.
The object of this B i l l is to remedy a defect in the
existing law, under which measuring instruments are free from any
effective control.
Of these instruments tho most important at present are
petrol-measuring pumps, which deliver petrol direct to the tanks
of motor cars.
Complaints of short measure from these instru­
ments have been made by private individuals, and in the technical
press.
On the other hand, the petrol-pump, with i t s underground
storage chamber, is much to be preferred, from the point of view
of public safety, to the two-gallon can, and is more convenient
in every way, so that there is no doubt that i t will come
extensively,into use in the future.
I t w i l l alBO be possible to deal, under the B i l l , with
measuring "instruments used in factories for ascertaining wages,
such as
(1)
*
"Wrap-reels" used in t e x t i l e factories for auto­
matically measuring the length of material produced
by a workman,
and
(2)
i n s t r u m e n t s f o r measuring by c o u n t i n g ,
such as
s c a l e s of unequal l e v e r a g e which count a l a r g e
number o f
small a r t i c l e s , - e . g . ,
screws
­
by p l a c i n g a fe?f i n one pan, and the bulk
the
other.
The p r o p o s a l
scope of
in
the B i l l
t o b r i n g such i n s t r u m e n t s w i t h i n t h e
is
concurred i n by the Home
Office.
The measure was i n t r o d u c e d i n t h e House o f Commons
i n 1922, but made no p r o g r e s s .
serious opposition to i t ,
introduced i t
There were no s i g n s
however,
and i f
of
i t were r e ­
c o u l d perhaps be g o t through as a non­
c o n t e n t i o u s measure.
A l a r g e number of l o c a l
motor and o t h e r a s s o c i a t i o n s , m a n u f a c t u r e r s ,
authorities,
etc.,
have
made r e p r e s e n t a t i o n s t o the Board o f Trade i n f a v o u r
the
of
Bill.
( h ) COASTGUARD B I L L .
The Coastguard was r e c e n t l y
A d m i r a l t y t o t h e Board o f
that i t
Trade;
t r a n s f e r r e d from
and the f o r m e r
i s n e c e s s a r y t o r e p e a l o r amend t h e
the
consider
Coastguard
S e r v i c e A c t , 1856, by which the Coastguard was put under
their
control.
the O f f i c e
arise i f
As r e g a r d s t h e t e n u r e o f l a n d s and h o u s e s ,
o f Works b e l i e v e t h a t l e g a l
the t r a n s f e r of Admiralty l e a s e s i s not
f o r by s t a t u t o r y
the p r o p o s e d B i l l
Board of
Trade,
1st F e b r u a r y ,
difficulties
1924.
enactment.
provided
The Departments a g r e e
and i t w i l l p r o b a b l y be
will
with
non-oontroversial,